RENO@CAVANAUGH uc February 6, 2020 VIA EMAIL AND US MAIL Mayor Randy Toms City of Wamer Robins, Georgia 700 Watson Boulevard P.O, Box 8629 ‘Warner Robins, Georgia 31093 Re: Perkins Field Redevelopment Mayor Toms: We have the pleasure of representing and working with our clients, Woda Cooper Companies, Inc. (“Woda Cooper”) and Parallel Housing, Inc. (“Parallel”) with respect to the redevelopment of Perkins Field and the construction of @ 90 unit mixed use affordable and ‘market rate housing development with commercial space in Wamer Robbins. Wamer Robins is sorely in need of additional affordable and work force housing—not just for the enlisted and junior officers who serve tours at the Robins Air Base, but for the long term residents of Warner Robins. {As you are no doubt aware, the Wamer Robins City Council has previously adopted and approved the necessary resolutions in order for this Development to proceed; however, you have not only failed to foliow through in accordance with those resolutions, but you have actively blocked the development, and time is of the essence. Specifically, Woda Cooper and Parallel are asking that Wamer Robins deliver the following: (i) execute the ground lease in the form that has been agreed to by the parties with such reasonable modifications that have been requested by Woda Cooper and Parallel; (ii) submit those items to DNR which are required to complete the DNR checklist and obtain the DNR release; and (iii) issue building permits consistent with the building plan approval letter Woda Cooper and Parallel received six months ago, on August 8, 2019, and that were not issued on your orders. Woda Cooper and Parallel were invited to Wamer Robins more than two (2) years ago and was encouraged to submit a tax credit application for Perkins Field. Wamer Robins provided Woda Cooper and Parallel with a $1.7 million financial commitment and delivered those environmental and other materials required for the tax credit application. The Development Authority, whose director reports to you, provided Woda Cooper and Parallel with an Agreement to Enter into Ground Lease. In reliance on these commitments, Woda Cooper and Parallel moved swifily, spending a significant amount of money in preparing and submitting an application for tax credits with Georgia Department of Community Affairs. That application was successful, and the tax credit award from DCA was received by Woda Cooper and Parallel on November 19, 2018. Woda Cooper and Parallel (again in reliance on the commitments from Wamer Robins) conductedRENO@CAVANAUGHeuc environmental studies, completed architectural drawings and plans and sought building plan approval—such that Woda Cooper and Parallel were ready to proceed to closing. But the City, both by its actions and inactions, has frustrated the closing on this project, and it appears that the City intends to breach its obligations to Woda Cooper and Parallel, which would be both in violation of its contracts with Woda Cooper and Parallel and of its own City Council resolutions. ‘Woda Cooper and Parallel have delivered on each any every obligation related to this development. In total, Woda Cooper and Parallel have spent more than $1,000,000 on third party expenditures, in addition to hundreds of hours of its own employee time on this transaction. Woda Cooper and Parallel have every right, both legally and morally, to expect that Wamer Robins will live up to its obligations in this development. It appears that Wamer Robins is failing to abide by its legal obligations out of a fear that the Perkins Field Development will bring low-income and minority residents into the downtown area or that Woda Cooper and Parallel will not develop a high quality apartment complex. Neither fear is well-founded. Warner Robins residents and Robins Air Base service members should not be feared simply because they are low-income or minorities, nor should they be shunted into an isolated, segregated area in the 100 year flood plain. Woda Cooper and Parallel have long and storied histories of quality development, which is why Woda Cooper and Parallel were invited to Wamer Robins in the first place. ‘Woda Cooper and Parallel insist that you place those fears aside and perform your long ‘overdue obligations, and that you do so promptly. There is no legal reason why Wamer Robins cannot perform the three obligations listed above within the next fifteen (15) days. However, a failure or refusal by the City to do so within that time, based upon a fear of low-income or minority residents, will have immediate and significant adverse impacts upon Woda Cooper. If the City abandons its obligations (imposed by its own contracts and City Council resolutions), the damages to Woda Cooper and Parallel will equal or exceed $3,500,000. Woda Cooper and Parallel will not walk away from this, not when their damages are so significant, Woda Cooper and Parallel believe that Warmer Robins is better than this, and that you will act in accordance with your contracts, with your City Council resolutions, and with your certifications to the federal government to Affirmatively Further Fair Housing as part of your CDBG requirements. Warner Robins has an opportunity to move beyond its past history of racial segregation and discrimination, to live up to its contractual and legal commitments, and to bring millions of dollars in a vibrant new development to the City. Giving into the fears of some residents about low-income or minority residents in the downtown would jeopardize much for the City; and maintaining the current levels of segregation in Wamer Robins will likely have significant costs to the City, beyond the compensation that will be required to be paid to Woda ‘Cooper and ParallelRENO@CAVANAUGH ruc In short, Woda Cooper and Parallel ask that the City of Warner Robins live up to its word. Failure to act in accordance with this letter within fifteen (15) days will leave Woda Cooper and Parallel no choice but to immediately seek all available legal and equitable remedies. This is not the preferred course of action for Woda Cooper or for Parallel, but they will be left with no other alternatives. With the expectation of your prompt action, I am Sincerely yours, RENO & CAVANAUGH, PLLC Ce: Clients Councilmember Daron Lee Councilmember Charlie Bibb Councilmember Keith Lauritsen Councilmember Kevin Lashley Councitmember Clifford Holmes Councilmember Larry Curtis City Attomey Fred Graham